Bull Spotting: Finding Facts in the Age of Misinformation by Loren Collins

Pseudolaw

  • Pseudolaw involves any legal theory developed or action taken the relies heavily on frivolous argument presented in legal language. It is considered wrong simply because real law says so. As you might guess, it is popular with people who have strong antigovernment beliefs. More often than not it is the product of non lawyers who have an aversion to real lawyers.
  • Real law relies on written laws and precedents from decided cases. Pseudolawyers often ignore decided cases or grab quotes from dissenting opinions. They will say that something has yet to be decided by a higher (or highest) court when higher courts refuse to take frivolous cases. They will also take quotes out of context, from cases that were subsequently overruled, or make them up altogether.

What’s the Harm

  • Some harm can be life threatening as when people deny medical help. Some can empty your bank account as when people fall for financial scams. Since ignorance of the law is no excuse, faulty beliefs can have legal consequences. Chasing conspiracies can also have social and family consequences. Even things that seem harmless can rob people of time and other assets that could be used for more beneficial activities. Any kind of waste is opportunity lost.
  • Critical thinking contaminates one’s thinking in a positive way. By being skeptical, you can weed out bad information before it becomes ingrained. Help may be a single URL away. Consider visiting Snoopes, FactCheck.org, or Wikiquotes if you are faced with a claim that sounds suspicious. Above all, keep an open mind. Your conclusions are based on what you know so far, and more information is always on the way. Reconsider what you already believe, and try to be neutral as you evaluate new evidence. You may not always get answers you like, but you are more likely to get answers that are true.
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